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United States Department of State / Index to the executive documents of the House of Representatives for the second session of the fiftieth Congress, 1888-'90
(1888-1889)

Spain,   pp. 1429-1473 PDF (18.5 MB)


Page 1429


                                SPAIN.
                                No. 973.
                       Mr. Strobel to Mr. Bayard.
No. 270.]                  LEGATION OF THE UNITED STATES,
             Madrid, November 2, 1887. (Received November 14.)
  Sir: I have the honor to inclose the copy and translation of a note
from the minister of state defining what the Spanish Government con-
siders the liabilities of a Spaniard to military service who has beeu nat-
uralized abroad and returns to his native country. This information
was requested in pursuance of the Department's instructions No. 207 of
June 29 last. In my own examination of the law reported in No. 241,
of August 19, 1884, I assumed that the royal decree of November 17.
1832, quoted in Seflor Moret's note, was a dead letter at present. Artic!e
14 of the same decree gives the right to arrest any foreigner found I in
Spain without a passport, and article 25 prohibits any foreigner from
residing in Spain who does not openly profess the Catholic religion,
both of which provisions are to-day only interesting as relics.
  It seems remarkable, therefore, that this question of liability to mili-
tary service should be controlled by a decree of so antiquated a charac-
ter, and when the special article quoted as the basis of the Government's
opinion makes the sweeping statenment that a 11Spaniard naturalized in
the territory of another power without the knowledge and authority"
of his Government "shall not be exempt from the obligations belong1
ing to his original nationality." Such a law would make a naturalized
Spaniard not only liable to military service, but to every other original
obligation to his native country.
       I have, etc.,
                                               EDWARD H. STROBEL.
                        [Inclosure in No. 270. -Translation.]
                          Mr. Moret to Mr.Strobel.
                                                 MIIISTRY OF STATE,
                                                    Palace, October 25, 1887.
  EXCELLENCY: In reply to the legation note inquiring as to the responsibility
of a
  Spaniard who becomes naturalized without having complied with the law of
military
  service and returns to Spain in the character of foreigner, I have the
honor to inform
  you that according to the information received from my colleague, the minister
of
  the interior, who has been consulted upon the subject, the provisions of
article 45 of
the royal decree of November 17, 1852, referring to the rights and obligations
of for-
eigners, are applicable. The following is the text of the decree:
  "A foreigner naturalized in Spain and a Spaniard naturalized in the
territory of
  another power without the knowledge and authority of their respective GoverDments
shall not be exempt from the obligations belonging to their original nationality,
al-
though the Spanish subject in other respects loses the quality of Spaniard
in accord-
ance with the provisions of paragraph 5, Article I,-of the constitution of
monarchy.
      I take advantage of this occasion, etc.,
                                                              S149ORET.
                                                                1429


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